The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-11-23
NOTES FOR FERTILIZERS.
A DECISION BY THE STATE SU-
PREME COURT.

The Case that of Hammond, Hull g. Co.
VS.. J.C. a. Wilcher-The Finding of
the Lower Court in Favor of the De-
PENDANT Affirmed-Health of the Con-
victs.
ATLANTA, GA, Nov. 22-In the Supreme
Court to-day, the following decisions were
handed down:
Hammond, Hull & Co., VS.. J. c. A. Viii
cher; from Glasscock. Affirmed.
John C. Hart, VS. Mary E. Evans; from
Taliaferro. Affirmed.
J. A. Robson, Tax Collector, VS.. {. w.
Dubose, ct AL, exrs. ct al; from Hancock.
Reversed.
James A. Benson, VS.. John W. Galloway,
Sheriff, ct al. from Wilkes. Affirmed
John Legwin, ct al, VS.. J. R. McRee, ct
al. from Oconee Affirmed.
Augusta and Knoxville railroad VS..
Catherine E. Killian; from Richmond. he
versed. Error in granting new trial and
vice versa, reversed. Error IN charging the
Jury as requested by defendant as set out IN
the cross bill of exceptions and marked A,
B, C, D and E.
w. r. Galloway, executor, VS.. W. d.
Briggs, administrator, ct. al; from Ogie-
thorpe. Reversed.
THE SAVANNAH CASE.
The decision in the case of Hammond,
Hull g. Co. VS.. Wilcher, is of considerable
Importance in Savannah. The court ruled
that the Commissioner Of Agricul-
ture has no power to authorize
extra territorial inspection or to dispense
with iuterterritorial inspection. Following
is the substance of the decision, which was
hx~T lncf "a
The official duty of inspecting fertilizers
provided for by the laws of this State can
not be performed beyond the limits of the
State. The Commissioner of Agriculture
has no power to authorize extra
territorial inspection or to dis
pense with interterritorial inspection.
Without the latter any sale of commercial
fertilizers made within the State is unlawful
and a contract for price will not be en-
forced. The suit in the Justices Court was
by the payers against the maker upon a
note dated May 9, 1885, given for the price
of commercial fertilizer known as the
Farmers Ammoniated and Dissolved bone
The note contained numerous admis-
sions and waivers, the sum
of which was that the
debt was absolute and open to no defense.
The defense was made, however, involving
the question whether the fertilizer had been
duly inspected so as to be legally sold in the
State The evidence was conflicting as to
whether the sacks were branded and tagged
but as to the place of inspection there was
no conflict. The inspection was by one of
the inspectors of the State but
was made in South Carolina at the
plaintiff s factory, and was the article in
bulk before it was put in the sacks in which
it was sold. One of the rules and regula-
tons for the season of 1SS4-S5 by the Com
missioner of Agriculture was that inspec-
tions may be made outside of the State or in
bulk. The sale was through the plaintiff S
agent at Warrenton, Ga, and there the note
was executed. The jury found for the de-
fendant, and the plaintiffs sued out a GER
tiorai, which the Supreme Court overruled,
because the inspection was in South Caro-
lima, and not in Georgia. The judgment is
therefore affirmed
HEALTH OF THE CoNvICTS.
The current weekly report of the princi-
pal physician of the penitentiary shows only
fifteen cases of acute sickness among 500
convicts DR.. Westmoreland said to-day
that he believed the splendid sanitary con-
dition of the camps was largely the result
of the recent investigation by the Governor
Public attention was attracted this after
noon to an announcement that on. Thursday
night at the artesian well two deSerters
from the Salvation Army Capt. Baker and
Nat Anderson, would publicly expose the
army In its true lnwaldness, ana especially
show up Col. Light in his connec-
ton with the finances of the institu-
lion. The public is looking for a rich
chapter
The Governor will remember those who
are in prison on Thanksgiving day and par
don number of convicts whose cases he
has thoroughly investigated and found de
serving of executive clemency.
Executive warrants We're issued to-day to
number of ex- Confederates laboring under
disabilities specified in the new act. Among
them was T. B. William, of Pike county, Of
the Forty fourth Georgia regiment, who
was shot through the left wrist, right arm
and received four bullets in his right hip
and leg He was paid $50 for his disabled
right arm and right leg.
The Treasury paid the lunatic asylum
4,5S3 to-day, being the appropriation for
September.